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<br />southeasterly direction 374.42':1: to a point; thence, in a <br />northeasterly direction 309.87':1: to a point; thence, in a <br />northwesterly direction 278':1: to a point; thence, in <br />southwesterly direction 294.29':1: to a point of the <br />beginning. <br /> <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br /> <br />(a) Days and hours of operation shall be daily between the hours of 6:00 a.m. <br />and 2:00 a.m. <br /> <br />(b) Seating shall be limited to thirty-two (32) seats in the restaurant at anyone <br />time. <br /> <br />(c) Eight on-site parking spaces shall be marked for use by the restaurant. <br />These spaces shall be located within the paved and striped parking area. <br /> <br />(d) The applicant shall obtain and maintain in effect all required permits and <br />licenses for the establishment. <br /> <br />(e) The proposed business shall operate in accordance with federal, state and <br />local statutes, ordinances, and regulations. <br /> <br />(f) The applicant shall continue the use of a commercial waste hauler to <br />dispose of trash and other waste generated by the restaurant. <br /> <br />(g) The owner/developer shall be responsible for upgrades to water and sewer, <br />as necessary, including the installation of a backflow preventer device <br />approved by the Public Utilities Department. <br /> <br />(h) All taxes in connection with the proposed use shall be paid when due. <br /> <br />4. REVOCATION OF PERMIT: Violation of any of the above conditions <br />may serve as grounds for revocation of the use permit by the City Council. <br /> <br />ADOPTED by the Council of the City of Portsmouth, Virginia, at meeting held <br />on April 28, 2009. <br /> <br />Teste: <br /> <br />City Clerk <br />